1-1 By: Armbrister S.B. No. 914 1-2 (In the Senate - Filed March 3, 1995; March 6, 1995, read 1-3 first time and referred to Committee on State Affairs; 1-4 March 29, 1995, reported favorably by the following vote: Yeas 12, 1-5 Nays 0; March 29, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to disciplinary procedures for commissioned peace officers 1-9 and other employees of the Texas Alcoholic Beverage Commission. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter A, Chapter 5, Alcoholic Beverage Code, 1-12 is amended by adding Section 5.104 to read as follows: 1-13 Sec. 5.104. EMPLOYEE DISCIPLINARY PROCEDURES. (a) The 1-14 commission or the administrator may not take a disciplinary action 1-15 against a commissioned peace officer or another employee of the 1-16 commission without just cause or without providing due process. 1-17 (b) An officer or employee who is subject to disciplinary 1-18 action is entitled to an internal appeal of the action before the 1-19 action becomes final. The commission shall adopt a rule 1-20 establishing procedures for an internal appeal and shall provide a 1-21 written description of the rule to the commission's employees. 1-22 (c) The commission shall place an officer or employee who is 1-23 dismissed for cause on administrative leave without pay until the 1-24 disposition of the internal appeal. If the allegations that formed 1-25 the basis for the dismissal are rejected on appeal, the commission 1-26 shall reinstate the officer or employee to the person's former 1-27 status and the officer or employee is entitled to back pay in the 1-28 amount equal to the pay withheld during the administrative leave 1-29 imposed by the commission. 1-30 (d) In this section, "disciplinary action" means a written 1-31 reprimand, suspension without pay, demotion for cause, disciplinary 1-32 probation, or dismissal. 1-33 SECTION 2. This Act takes effect September 1, 1995. 1-34 SECTION 3. The importance of this legislation and the 1-35 crowded condition of the calendars in both houses create an 1-36 emergency and an imperative public necessity that the 1-37 constitutional rule requiring bills to be read on three several 1-38 days in each house be suspended, and this rule is hereby suspended. 1-39 * * * * *